On April 23, 2025, Relman Colfax and co-counsel Washington Lawyers’ Committee for Civil Rights and Urban Affairs filed a complaint in D.C. Superior Court on behalf of the Equal Rights Center against UDR, Inc. and the owners of The MO apartment building. The lawsuit alleges that that the defendants have instituted tenant screening policies at The MO that unlawfully discriminate on the basis of applicants’ source of income and criminal legal history in violation of the D.C. Human Rights Act (“DCHRA”) and the D.C. Fair Criminal Record Screening for Housing Act of 2016 (“DCFCRSHA”).
Recognizing the importance of safe and stable housing, the District of Columbia has enacted a series of protections for voucher holders, individuals with criminal conviction history, and others frequently subject to housing discrimination. The D.C. Human Rights Act prohibits housing providers from refusing to rent to applicants who receive housing choice vouchers (also known as Section 8) based on their income level, credit score, and credit issues or prior rental history involving nonpayment or late payment of rent that occurred when the applicant did not have a voucher. Similarly, the DCFCRSHA prohibits housing providers from considering an applicant’s criminal conviction or accusation that is more than seven years old or that does not appear on a specifically enumerated list of offenses. Even then, the housing provider may only deny a rental application after an individualized assessment. These protections are particularly important to prevent gentrification and displacement in rapidly-gentrifying neighborhoods such as the Union Market neighborhood where The MO is located.
As alleged in the complaint, the defendants blatantly violate these protections by maintaining a policy of refusing apartments at The MO to rent to: (1) individuals with conviction records more than seven years old; (2) individuals with convictions not on the list of enumerated offenses; (3) voucher holders unable to meet a minimum income requirement at The MO; and (4) voucher holders with a history of non-payment of rent prior to obtaining a voucher.
The complaint has been brought under a novel strategy developed by the ERC to enforce fair housing laws in the District using D.C. Consumer Protection Procedures Act (“DC CPPA”). The D.C. CPPA allows public interest organizations like the ERC to bring claims alleging violations of other D.C. laws in the context of consumer transactions. Using the D.C. CPPA, ERC has held accountable housing providers who ignore the D.C. fair housing laws, ensuring that they end their discriminatory practices.
The Relman Colfax litigation team consists of Zoila Hinson, with paralegal assistance from Miriam Farah. Our co-counsel is Mirela Missova of the Washington Lawyers Committee for Civil Rights and Urban Affairs.